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PC 75-123^ A ~ RESOLUTION N0. PC75-~Z~ ~ A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM THAT FETITION FOR CONDITIONAL USE PERMIT N0. 1544 BE GRANTED. WHEREAS, the City Planning Commission of the City of Anaheim did receive a verified Petition for Conditior.al Use Permit from THE LINCOLN NATIONAL LIFE INSURANC[ C0. AND MARKET BASKET, ATTN: T. A, KILLEEN, 6014 5. Eastern Avenue, Lcs Angeles, Ca. 90040 (Owner)• MI~HAEL ~. AKd IRMGARD BULLINGER, 1308 W. Romneya Drive, Anaheim, Ca. 92801 (Agent) of certain ieal proper~y described as: PARCEL 1: Lots 1 to Il, inclusive, and that portion of lot 12 of 7ract No. 2090, ir~ the city of Anaheim, county of Orange, state of Lalifornia, as per map recorded in book 61, pages 38 and 39 of 14it:cellaneous Maps, in the office of L•he county recorder of said county, lying easteriy of the sou~her'ly extensinn of the easterly line of Iris Street, as shown on said map. PARCEL 2; That portion of Hill Avenue, as shown on the map of Tract No. 2090, in the city of Anaheim, county of Orange, state of California, recorded in book 61, pages 3$ and 39 of Miscellaneous Maps, in the office of ths county recorder of said county, bounded on the West by the _outherly prolongation of the easterly ]ine of Iris Street, as shown on said map and bounded on the east by the line parallel with and v~esterly 50 feet from the center line of Los Angeles Street, as shown on said map, as vacated and abandoned by Ordinance No. 950, by Resolution ~do. 2607 of ttte City Council of Anaheim, California, December 28, 1954, recorded December 31, 1954, in back 2912, page 165 of Official Records. WHEREAS, the City Planning Commission did schedule a public hearing at the . Lity Hall in tfie City of Anaheim on June 9, 1975 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Lode, Chapter 18.03, to hear and considar evidence for and against said proposed conditional use and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itselT and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed ~!~e is properly one for which a conditional use permit is authorized by Code Section 18.44.05~.010, to wit: permit on-sale beer and wine in an existing restaurant. 2. That the Planning Commission hereby determines that since the restaurant is existing and mainly serves industry and commerce in the area, the addition of the on- sale beer and wine would not increase the patronage or be detrimentai to the surround- ing neighborhood and shopping center. 3. That the Planning Commissioi hereby determines that since the subject restaurant has been in existence for a long period of time, and the applicant is not tY~e property owner, the dedication requirements for street widening shall not be im~osed for tf:a subject expansion of the use, at this time. 4. That the petitioner stipulated to providing additional trash storage areas, as ma~~ be required by the Sanitation Division, and that said areas shall be provided in accordance with approved plans on file with the Office of the Director of Public Works. j, That the pruposed use will not adversely affect the adjoining land uses and the growth and development ef the area in which it is proposed to be located. 6. That the size and shape of zhe site proposed for the use is adequate to allow the full development of tF,~ preoused use in a manner not detrirr:ntal to the particular area nor to the peace, health, ~afety, and general welfare of the C+tizens of the City of Anaheim, 7. That the gra~ting of the Conditional Use Permit under the conditions imposed, if any, wili not be detrimental ta the pe.ace, health, safety, and general welfare of the Citizens of the City of Anatieim. $. That no one indicated their presence at said public hearing in ooposition, and no correspondence was received in opposition to subject petition. RF.SOLUTION N0. PC75-123 ~ 7 A ~ ~ ENVIRONMENTAL IMPACT REPORT FINDING: That the Director of the Development Services Department has determined that tlie proposed activity falls within the definition of Section ;.01, Class l, of the Lity of Anaheim G~~idPlines to the Req~irements for an En~~ironmental Impact Report and is, therefore, c~3tegorically exempt from the requirement to fi]e an ElR. NOW, 7HEREF~~RE, B~ IT RESOLVED that the Anaheim City Planning Commission does hereby granr subjett Petition for Conditional Use Permit, upon the following condi- tions which are here~y found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2; provided, however, that additional trash storage areas shall be provided, as may be required by the Sanitation Division, and said areas shall be provided in acc~rdance with approved plans on file with the Office of the Director of Public Worlcs, as stipulated to by the petitioner. 2. That the above-mentioned condition shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date herepf, whichever occurs first, or such further time as the Planning Commission an~/or City Council may grant. THE FORC•GOING RESOLU710N is signed a~d approved by me this 9th day of June, 1975. A N, ANAH ITY L ING COMMISSION ATTEST: l~ ~ ~ /6/ f ~~c%d(.,Iv!~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) ' COUNTY OF r,RANGE ) ss. CITY OF ANAHEIM ) I, Patricia B, Scanlan, Secretary of the City Planning Commission of the City of Anaheim, do hereby cPrtify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on June 9, 1975, at 1:30 p.m., by the following vote of the members thereof: AYES: COMMISSIONERS: FARANO, GAUER, JOHNSON, KING, MORLEY, TOLAR, HERBST NOES: COMMI5510NERS: NONE ABSFNT: COMMISSIONERS: NONE IN WI'fNESS WHEREOF, I have hereunto set my hand this 9th day of June, 1975. ~~~l~ ~ 1~~~. 1~ w~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- RESOLUTIOh NO.PC75-1Z3